What happens if you die without a Will?

If a person dies without a valid Will in England and Wales, they are said to have died "intestate”, and their assets (money, property, and possessions) are distributed according to strict legal rules called the rules of intestacy.  

As the intestacy rules follow a specific order of priority, you have no control over who inherits your assets, or in what proportions, which might well go against your wishes or leave out people you wanted to provide for.

In addition, there are further potential issues and consequences of dying intestate which include:

• If you are not married, your partner will not automatically inherit your estate.
• If you have minor children and no surviving parent, the Court may decide who becomes their guardian.
• The process can be more complex, time-consuming, and potentially expensive than if you have a Will. 
• It can lead to family disputes, especially if there are complicated family relationships or if individuals feel they should have inherited.
• You cannot set up trusts to manage assets for beneficiaries (e.g., for children until they reach a certain age) so you will not make the most of your Estate.
• In the worst case, your Estate would pass to the Crown if no relatives can be found.

Making a Will gives you control and peace of mind for the future. Our Private Client Team will assist you in protecting your Estate for those you love, the beneficiaries you choose and provide advice on the tax position to minimise the tax in your Estate.

Contact Sophie Careless-Shore or Barbara Sykes to make your Will appointment today and take control of your legacy: telephone 01903 784447 or email scarelessshore@moyle.co.uk / bsykes@moyle.co.uk

Coercive Control

Coercive control is an increasingly recognised trend that lawyers are seeing in family law, and is a pattern of behaviour designed to dominate and isolate a partner, eroding their independence without necessarily involving physical violence.

It is a repeated pattern of actions that create fear and strip away autonomy.

Such actions can include:

• Isolating from friends and family
• Constant belittling and humiliation
• Monitoring and surveillance
• Controlling finances
• Threats (not always physical)
• Micro-managing daily life
• Enforcing strict, often arbitrary, rules

The challenge is that coercive control often leaves no visible physical marks. The harm is primarily psychological, leading to anxiety and isolation. Perpetrators may appear outwardly normal, making the abuse difficult to recognise.

Family lawyers are increasingly equipped to deal with coercive control, and recognise its damaging impact beyond physical violence.  Family Courts are also increasingly focusing on the overall pattern of behaviour, aided by legislation like the Domestic Abuse Act 2021, which criminalises coercive control. Evidence of such behaviour can significantly impact decisions about children, finances, and protection orders.

The Family Team at E J Moyle LLP are skilled at recognising, evidencing, and addressing coercive control. They use a range of legal tools and work with other professionals to protect victims and ensure that the Family Court considers the full spectrum of abusive behaviours when making decisions. The focus is on the impact of the controlling behaviour on the victim's safety and well-being, as well as the best interests of any children involved.

You can contact our compassionate Family Law Team, Sharon Lyon and Tracy Randall-May on 01903 784447 or email slyon@moyle.co.uk / Trandall-May@moyle.co.uk  in complete confidence for an initial meeting where we can listen and give you the advice you need.

Bart Hunter - Trainee Solicitor

We are very pleased to announce that Bart Hunter is now our Trainee Solicitor and has started his Solicitors Qualifying Examination (SQE) training within the Property Department at E J Moyle LLP.

Bart joined us in 2022 and has attained a wealth of knowledge and experience in relation to commercial property matters.

He completed his Bachelor’s Degree in Law along with his CILEX Fast Track Diploma in 2020, as well a Master’s Degree in Law and LegalTech in 2022.

Starting Bart on his training to becoming a Solicitor is part of our continued plan for growth and development of the Firm. Rob Fawcett, Managing Partner and Head of the Property Department, commented “Bart is a fantastic member of the team, and we are glad he has decided to start his journey to become a qualified Solicitor with us. We look forward to helping him progress with his studies”.

Bart commented “I am delighted to be given the opportunity to start my studies to qualify as a Solicitor.  The next 2 years will be hard work, but I know that with the support and guidance of all the Team here at E J Moyle LLP, I will be able to face the challenges ahead”.

If you require any commercial or residential conveyancing legal services, feel free to contact Bart or any member of the Property Team.

Email: bhunter@moyle.co.uk

Telephone: 01903 725143

Friendly, Modern Law Firm

EJ Moyle Solicitors is a friendly, modern law firm that has offered a broad range of legal services for both business and private clients within the Littlehampton, Rustington and West Sussex areas for over 53 years.

We pride ourselves on the high level of quality legal services we are able to provide to our Clients coupled with a friendly and professional approach.

Our experienced, Partner-led Legal Teams specialise in:

• Residential and Commercial Property
• Family Law - separation, divorce, financial matters, children issues, and post and pre-marital agreements
• Private Client - Wills, Probate, LPA's, Estate Administration, Estate Management and Deputy Applications

If you require any legal services now, or in the future, please do not hesitate to contact us.

Introduction of Open Reporting

From 27^th January 2025, open reporting provisions have been introduced in the Family Court in England and Wales and will give accredited journalists and legal bloggers a “presumptive right” to attend most family court hearings, including family proceedings in the High Court.

The aim is to remove the perceived secrecy in the family courts so as to improve public confidence and understanding of the family justice system. 

Media reporting is not permitted in cases such as those relating to adoption, placement orders, parental orders, or judicially assisted negotiation such as Financial Dispute Resolution Hearings. Judges can refuse members of the media permission to attend in specific circumstances.

Being able to attend a hearing does not, however, entitle members of the media attending proceedings to report more than limited details about the case, particularly if the proceedings concern children and/or are held in private. Cases attended by journalists and bloggers will be covered by a transparency order, setting out what can be reported. Reporters can also access some basic case documents and families can talk to journalists about their case, without risking punishment for contempt of court.

Knowing that a reporter or blogger could be in attendance may influence couples/families to focus on resolving matters outside court using alternative dispute resolution methods such as mediation, which have the benefit of offering a private and confidential forum to resolve issues. There is no risk of reporting a private resolution because the meetings take place out of court in the anonymity of solicitors’ premises or barristers’ chambers.

To explore your family law resolution options, please contact Sharon Lyon: slyon@moyle.co.uk.

Lasting Power of Attorney

What would happen if you no longer had the mental capacity to make decisions about your property, finances, health and welfare?

In this instance, a Deputy, appointed by the Court of Protection, would be put in place to manage your affairs.

If you would prefer to have control over who makes such important decisions about your life if you lose mental capacity, then it would be wise to consider putting a Lasting Power of Attorney (LPA) in place.

An LPA is a document that allows you to appoint one or more people  to make decisions on your behalf in the event that you lose mental capacity in relation to either:

• Health and welfare – this includes decisions about care, medical treatment, food, drink, clothing, activities, and where you live.
• Property and financial affairs – thisincludes decisions about paying bills, bank accounts, savings accounts, investments, and selling property.

Benefits of an LPA include:

• Peace of mind: You can rest assured that someone you trust will make decisions for you according to your wishes if you are unable to.
• Clarity: You can start discussions with your family about what you want to happen.
• Cost and Speed: An LPA is a significantly quicker and cheaper process than the Deputyship application.

If you are considering setting up an LPA or would like to discuss this or any Private Client matters further, please contact Sophie Careless-Shore, scarelessshore@moyle.co.uk.

Solicitor or Legal Executive

If you are interested in applying for this vacancy, please send your CV to Linda Robinson at lrobinson@moyle.co.uk

Meet The Property Team

Here at E J Moyle LLP Solicitors we pride ourselves on the service that we provide to all our Clients, with specialised and experienced Lawyers in Property, Family and Elderly Client Departments.

The Property Team is headed up by our Managing Partner, Rob Fawcett, with Melissa Hubbard, Solicitor, Lisa May, MCILEX Conveying Executive, and Bart Hunter, Paralegal.  The Department is also supported by our experienced Legal Assistants.

The Property services that we offer range from commercial transactions (sale and purchase of commercial/business premises, property portfolio’s, grant of leases, etc.) to residential matters (sale and purchase, new leases, lease extensions, property transfers, etc.).

If you are thinking of getting onto the property ladder and would like advice relating to the procedure and what to expect, we would be delighted to talk to you.  Likewise, if you have a commercial  or residential property query, we are here to help and advise you.

Please feel free to contact our Team via our group email address litmail@moyle.co.uk  or telephone (01903 725143).

Commercial Property Lawyer

If you are interested in applying for this vacancy, please send your CV to Linda Robinson at lrobinson@moyle.co.uk

Separation and Divorce

Are you going through a relationship breakdown, considering separation and/or divorce?  Do you feel out of control and overwhelmed and do not know where to turn for help?

Separation and divorce can be a difficult process for many.  We are here to help you through this procedure whether it is in respect of how to resolve property and financial matters, for example, how these should be divided, or issues that may arise in respect of your children, such as, which parent they should live with and which parent they should spend time with.

From the first meeting, we will seek to explain the procedure for each area of the process relating to your own particular situation and provide you with options that you may pursue.  Our aim is to assist you in reaching a fair outcome to your situation to enable you to move forward with your life.

If you need help, we would be pleased to offer you confidential legal advice.  You can  contact our Family Team at E J Moyle LLP Solicitors on 01903-784447 or email slyon@moyle.co.uk or TrandallMay@moyle.co.uk.